everybody. gregg: "america live" begins right now. megyn: fox news alert, president obama firing back against criticism over the nation's growing deficit saying the blame is not his to bear. welcome to "america live," everyone, i'm megyn kelly on a rainy day here in new york city. president obama campaigning in the mile-high city yesterday afternoon discussing a top issue on voters' minds, our sky-high debt. the president sound ago whole lot like the 2008 version of himself, telling donors they can blame president bush for our problems and that it is the gop's fault our deficits are so large. listen here. >> after inheriting a $1 trillion deficit, i signed $2 trillion of spending cuts into law. the other side, i don't know how they've been bamboozling folks into thinking that they are the responsible, fiscally-disciplined party. [laughter] they run up these wild debts,

and then when we take over, we've got to clean it up. megyn: chris stirewalt is our fox news digital politics editor and host of "power play" on foxnews.com. chris, welcome back. so the president is spinning what has been one of the most effective arguments against him the other way saying it's really the republicans who are the overspenders and not president obama, and he's pointing to one study done by market watch that talks about how his rate of spending has been lower than president george w. bush's among other presidents if you don't count 2009, fiscal year 2009 in there. >> well, megyn, what the president's saying is that because the rate of spending increase has not been very great under his administration, he deserves credit for being fiscally restrained. now, what republicans say about this is 2009 and 2008, when that budget year took shape -- well,

we didn't have budgets, but when that spending year took shape, you, what happened was if you recall george w. bush, nancy pelosi, harry reid and then barack obama when he took office engaged in a series of sort of nuclear options on what was a growing recession. they put spending way, way up in an effort to turn the economy around. now, that level of spending has been maintained in the obama administration. he's saying that he should be credited because he has not increased it above that level at that time and says that republicans are being unfair when they blame him for the $5 trillion in debt and the four years of trillion dollar plus deficits. megyn: so it's like if i got paid $50,000 for ten years in a row and then in year 11 i said i want to be paid a million dollars, and my boss said, okay, you can have it. and then the next year and the year after that and the year after that i stayed at a million dollars, and i said i haven't asked for more, i've been stuck at a million dollars, but you're already at the highest level

you've been at in years, so you can't sort of say you are somehow austere. >> well, he can't say -- by republican reckoning he can't, and certainly there are economists who would agree with that. but he needs to say it because of the other part of his election strategy. the other part of his election strategy is to tout his stimulus and the things that it did. so when he's in iowa today talking about the need to subsidize wind energy in the country, he's calling for that money, some of that money would have to be borrowed because we're running, we're still running very large deficits, historically large deficits. so he is coming up with a rationale that says it's okay for us to continue to borrow this money because we're really just trying to turn around something that george w. bush did. megyn: in his first three years in office, he added $5 trillion to our debt. george bush added $4 trillion to the debt over eight years. this has been a point he's gotten hammered on, to some extents by both sides of the aisle, but mostly republicans.

are the american people going to just be confused now, confused and consider it a wash now that he's making it a counterargument, or do they understand this number, and has it been pounded into their hands so many times by the gop that that's what they're going to walk away with? >> i would speculate that there are no persuadable voters who think that american spending is at the right level. there's broad agreement, very broad agreement especially among independents and moderates that spending is just too high. when the president and the republicans go back and forth with cherry-picked statistics that this is bad and that's bad, and you could stack dollars to the moon, but it's really george w. bush's fault and back and forth, i think most sensible people tune out and assume that they're being elited or at least using ten conscientious or dishonest statistics. voters probably very wisely tune out. megyn: president bush was a spender though, right? he was a spender, and a lot of

republicans sort of turned on him in the end saying he spent too much, his compassionate keyism, the med -- conservativism, the medicare spending he approved increasing significantly, and they look back and say that wasn't a good idea in retrospect when you look at the debt we now are laboring under. is that an effective argument for president obama? can he continue to compare himself to president bush, or is it now all about what kind of president mitt romney would be when it comes to this issue? >> well, i think you're exactly right. now the question is what would romney do versus w458d obama do -- what would obama do. remember, the bush spending goes into two categories. one is the 9/11 spending which was big as he ramped up the military, overseas wars, department of homeland security and all that stuff, then there was the attempt that both he and harry reid and nancy pelosi and then barack obama when he got into to try to nuke the recession. they weren't successful, but they spent a lot of money as that recession gathered steam ahead of the panic of 2008 to

try to head it off. republicans and a lot of people in the middle don't think that last part was a very good idea. megyn: uh-huh. and so it continues. thank you, sir. >> you bet. megyn: see you, chris. well, new revelations in washington are raising questions today about u.s. treatment of a pakistani man who was critical to finding the world's most wanted terrorist, osama bin laden. pakistan sentencing this doctor to 33 years in prison for treason. connected to that behavior yesterday. they say he betrayed his country by running a vaccination program that secretly connected dna and ultimately confirmed that bin laden was, indeed, hiding in a compound in pakistan. now republican congressman peter king says the administration may have put this man in harm's way. we are live in washington on this developing story trying to answer the questions about whether the united states should have done more on this man's behalf at the top of our next hour.

fox news alert coming in now on some new documents we have our hands on that are raising new questions about the relationship between george zimmer and the police department in sanford, florida. zimmerman stands charged with second-degree murder after he shot and killed teenager trayvon martin. he claims, zimmerman does, that he was under attack and that he was acting in self-defense. sanford police were widely criticized for how they handled this investigation. among other things, they did not test his blood alcohol content although they did test trayvon martin, and now we're learning more about the relationship between zimmerman and that very same police department. trace gallagher live in our west coast newsroom with more. trace? >> reporter: and, megyn, before sanford police chief bill lee resigned because of the accusations that his department mishandled the trayvon martin shooting, chief lee said that he did not know george zimmerman prior to the shooting. well, it turns out that

zimmerman had a great deal of interaction with the department, even the chief. zimmerman once sent an e-mail to the chief praising the neighborhood watch coordinator. the chief then wrote back thanking zimmerman for his positive words. and while he was the neighborhood watch captain, zimmerman called police dispatch dozens of times to report suspicious activity. and a year before the trayvon martin shooting we have now learned that george zimmerman claims that he rode along with the sanford police department. police cannot confirm that, but we went back, and we found his application to ride along where he says the reason he's doing it is, quoting here, to solidify my interest in a career in law enforcement. but after that ride-along, at a community meeting george zimmerman then lashed out at sanford police calling them "lazy." listen. >> what i saw was disgusting. the officer showed me his favorite hiding spots for taking

naps, explained he doesn't carry a long gun in his vehicle because in his words, anything that requires a long gun requires a lot of paperwork, and you're going to find me far away from it. >> reporter: three days after the shooting of trayvon martin, there was this video discovered of george zimmerman walking around the sanford police department freely without being escorted. well, trayvon martin's family attorney say this is all evidence that sanford cops knew zimmerman and gave him preferential treatment on the night of the shooting and, of course, others chime in saying if you publicly call police "disgusting" and "lazy," how apt would they be to give you preferential treatment? all kinds of documents coming out in this case. megyn: fascinating stuff. trace, thank you. come powerful start senators -- some powerful senators want to know more about the president's plan to promote the health care law, a law that

is very much in jeopardy right now. well, it turns out the whole deal, this $20 million they've just shelled out to promote it, may be a big no-no. stu varney is next. plus, the president tells air force academy grads that the u.s. is stronger, safer and more respected in the world under his leadership. was his message meant to inspire confidence or take a shot at his predecessor? our panel debates. went skyne for the record dyeing without -- skydiving without a parachute on purpose. how cardboard boxes may have been key to his survival. ♪ [ kate ] most women may not be properly absorbing the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum.

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megyn: well, tech giant hewlett-packard just announcing it is wiping out 27,000 jobs.

that's about 80% -- i should say 8% of the company's work force. ceo meg whitman say it is california-based company is in the early stages of an ambitious reorganization, trying to turn around a slide in profit. hp expects to save as much as $3.5 billion annually from the layoffs. well, a powerful republican senator now demanding answers as controversy deepens over a $20 million federal ad campaign to sell the benefits of the president's health care law. it turns out that the public relations blitz, okayed by the secretary of health and human services, may violate some federal rules, and that is just the start. fox business network's stu varney hosts "varney & company" on fbm and, stu, what seems to be the problem? we were told that this is a mandate in the affordable care act that they had to spend this money to promote it so people would understand it and would

learn how to get healthy. >> is it legitimate to use taxpayers' money to put out what could amount to a political commercial in favor of obamacare right before an election? is that a legitimate use of taxpayer money? senator rob portman, republican, ohio, he's investigating. he wants to know is it a legitimate use of taxpayer funds, and is it okay by the ethics and rules standards of the day? megyn: how could it be improper if it's mandated by obamacare? by the law? >> the rules specifically say you can't use funds for publicity or propaganda purposes without the authorization of congress. did congress authorize this specific political commercial? is it a political commercial? is that publicity and propaganda which falls within the rules? megyn: well, wait, but how can there be a question of that if in the law itself which congress authorized -- according to reports, they say there is a provision in it that requires an

education -- it's called an education mandate that requires hhs to tell the public how to stay healthy. >> yes. but where do you go beyond telling the public how to stay healthy and touting the benefits of legislation that you've passed? especially when you use a public relations company to do it? megyn: and this is a wig one, right? they service pepsi, all sorts of heavy hitters. >> yes. a public relations company surely polishes the image of their clients. are they polishing -- megyn: well, they can't have wayne's world out of the basement saying you should check out obamacare -- [laughter] >> but you do get the point. they're there to polish an image. that's a form of commercial. and if they are using this as a commercial to tout the benefits, i mean, tout the benefits of obamacare right before an election, that amounts to the use of taxpayer money for political purposes and advertising purposes as that. megyn: do we know that's what they're doing, touting the benefits of obamacare as opposed

to telling the public how to stay healthy? >> it's a fine line, isn't snit what about the other $750 million which is spent by the administration every year in publicity? meg telling us how to say the healthy. >> yes. you probably know how to stay healthy. apart from which, doesn't this duplicate other publicity programs out there telling us eat vegetables, exercise, don't eat fat, you know this already. megyn: who do we blame? do we blame hhs in this particular instance, or do we blame the lawmakers who passed this law adding another $20 million to that tab which you tell me we've already spent $750 million on -- >> wait a second. if there is blame involved, surely it belongs to the administration for using taxpayers' money for political advertising purposes. megyn: but the congress told them they could do it! >> they didn't tell them to put out a political commercial. and that's what this may amount to. on your screen -- on our screen

right now there's a scroll-up of duplicated programs. all of those proms do exactly the same -- programs do exactly the same thing as $20 million program to put out good advice for people for how to live healthfully. megyn: is the hhs standing down on this in any way given that the very thing they are promoting in part, you know, the president's health care law, and the thing that gives them the mandate to do this promotion may be struck down within 30 days by the u.s. supreme court? you know, i'm just talking about when you have this kind of debt and this kind of deficit, maybe they hold the 20 million until they find out, just until june 30th? >> you would think, wouldn't you? because before june 30th we'll get a decision from the supreme court. megyn: we'll know. >> whether you can go forward with the mandate yes or no. so why put this out now? why spend the $20 million? they've allocated it to this pr company. why do it now? why do it in an election year if it's not to buy votes with

taxpayer money? megyn: that's an interesting question because, you know, why not just wait? it's $20 million we can save if they strike down the law, you know, no problem. you don't have to spend the money. >> you would think. megyn: if they don't, spend the money in july. stu varney, thank you. >> sure. megyn: they say they will go ahead and spend the money just as they have. well, a stern warning to the u.s. supreme court just days before this expected ruling on obamacare, but at such a critical time, why is chief justice john roberts taking heat from a ranking member -- the chairman, not a ranking member, the chairman, of the senate judiciary committee? coming up, former attorney general of the united states, alberto gonzales, weighs in on what sounds like a new warning across the bow of the supreme court within days of a possible ruling. is this appropriate? we'll ask him. and a local news crew forced to report on a stabbing in their own station. we'll tell you about the disturbing caught-on-camera attack. plus, they created a fashion

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megyn: well, an alarming new medical warning about a fashion trend we've been seeing everywhere for years. skinny jeans could kill you! no. no, they couldn't. but there is a problem with them. some doctors now say if they are too tight, they can cause nerve damage. the first sign?

tingling and numbness in your leg. if you get a thrill up your leg -- oh, wait, that's not right. that's the skinny jean. it's a condition that occurs when the nerve that runs down the front of the thigh is compressed. doctors suggest wearing skinny jeans with some stretch in them. go for the jeggings, not the skinny jeans, if you want to stay completely safe. new details on aer the frying attack at a it's station. proemployees in beak ca, kansas, stabbed by a man who broke into the building. trace gallagher has the story live from our west coast newsroom. trace? >> reporter: happened at the cbs affiliate in kansas, megyn. this man a couple weeks ago called the news director and said, hey, the veterans' affairs department is mistreating me, can you do a story? they said, no. yesterday he gets on the lobby phone with the news director and

asks them again to do a story. the news director says, no, so the man leaves, comes back again. you see him there in the lobby. he unplugs the lamp and smashes it through the glass doors. one, two, three, bam. he unlocks the door from the inside. he starts running through the halls. now, one of the engineers sees him, megyn, and calls 911. but in the meantime, this guy's already going to the employees, and he starts punching them. they finally get him on the ground, but once they get him on the ground, somehow this guy pulls a knife out of his pocket, and he stabs two of the employees including the general sales manager and one of the other sales managers. and while they're on top of him waiting for the cops to come, the cops got there, as you can see, a short time later, he also bit a couple of other employees. now, we should note that he is now being evaluated for some psychological problems. the knife wounds to the sales manager and the general sales manager were not considered life threatening, and as you might

imagine, the cbs affiliate in topeka had an exclusive lead story for last night's news. that gentleman has been taken into custody. megyn: you've got to hand it to those employees who a couple of them appeared significantly older, perhaps, than the guy with the knife and just went right after him to try to protect their colleagues. you know, you'd like to believe that you would handle it the same, but that's got to be a very scary thing. look at that guy in the red shirt there. that easterfying. >> reporter: it really is, yeah. but they did yeoman's work by getting this guy on the ground. megyn: you've got to wonder where security was at the front desk, right? >> reporter: yeah. tv stations normally have security, but i'm not sure if in a small market like this -- usually bigger tv stations and bigger local markets always have security out front. unclear if they had it in this case, megyn. megyn: yeah. well, if there's ever a silver lining, it's seeing people band together to help one another and then, hopefully, that gentleman will get some help as is clearly

needed. trace, thank you. >> reporter: okay. megyn: well, the president tells some air force grads at a commencement speech that america is now stronger and safer than ever. and he is raising some questions about that behavior, i should say, is raising some questions about what kind of message he's really sending. wait until you hear what he actually said to these guys. we'll debate whether this speech was supposed to bring confidence to the cadets or take a shot at his prior commander in chief. and basic instinct beauty sharon stone facing an ugly lawsuit from her former nanny. we'll tell you why her home is being compare today a sweat shop and why she says there isn't a sliver of truth to these claims on the docket in today's kelly's court. and the chief justice of the united states now facing some very public criticism from a high-profile senator when it comes to the upcoming ruling on the president's health care plan. is this appropriate for the chairman of the senate judiciary committee to be going after the

chief justice and the high court before it's even ruled? coming up, attorney general alberto gonzales on what say was a warning shot fired directly across the bow of chief justice john roberts. you tell me, was senator leahy offering a warning to those who might rule against the president's health care law?

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knew in the john edwards' corruption trial. the jury's now deliberating for the fifth day trying to decide whether the former senator and one-time white house hopeful conspired to use nearly a million dollars in campaign funds to conceal his pregnant mistress. the 12 jurors must reach a unanimous verdict, and he will face prison time and fines if he is found guilty. we'll keep watching it for you. new questions today about president obama's message to air force academy graduates at a commencement address yesterday. the president telling the grads that the world has a whole new respect for america because of the changes made on his watch. but was it a message intended to inspire confidence or take a shot at the last president? you listen. >> there is a new feeling about america. i see it everywhere i go, from london and prague to tokyo and seoul, to rio and jakarta.

there's a new confidence in our leadership. today we can say with confidence and pride the united states is stronger and safer and more respected in the world. megyn: joining me now to discuss it, simon rosenberg, president and founder of ndn which is a center-left -- we've been calling it a left proprogressive think tank. i'll give you the chance to explain that. [laughter] he's also former campaign adviser to president bill clinton, and mark three seven is a fellow at the american enterprise institute and a former speech writer -- now you're thiessen, and you you're center-left. i can't keep up with you two guys. [laughter] let's get to the business at hand because, marc, i know you are not happy about these remarks, you say that it shows a lack of dignity and that they were shameful, those comments. why? >> absolutely. well, look, i worked on a lot of these military commencements when i worked for president bush, and i was just shocked at the lack of dignity he showed in

delivering what was, essentially, a campaign address at a military academy. let me read you some of the things he said. when he took office, al-qaeda was entrench inside their safe havens, many question whether the united states had the capacity for global leadership. i mean, he used them as a prop to attack the commander in chief stood before men and women he was about to send into war, send in to risk their lives, he used them as a prop to attack his predecessor. what are the values we should be instilling in these young people? what is the message that sends? we should with telling them that america backs them no matter what party is in office, they should be above politics, we should respect the office of commander in chief, and obama uses them to attack the previous commander in chief, and it was really unseemly, and i was embarrassed for him. megyn: you know, marc, he says specifically there's a new feeling about america around the world, there is a new confidence in our leadership. does he run the risk of seeming a little, well, of not having

humility? >> oh, absolutely -- well, that's never been a -- megyn: i'm sorry, that was for simon. my apologies. >> megyn, didn't we cover that last week? no, so anyway, marc, i feel bad for mcbecause he's shocked every week about something the president's done, and i think on this -- >> you're right, i shouldn't be shocked. >> marc, come on. clearly, what the president was saying was based on fact, right? this is not a question of opinion, it's -- >> no, it's not! >> there has been tremendous progress made under this administration. the world is substantially safer than when he took office. america is better regarded. george bush was not only the most unpopular president domestically when he was president that we've had in the last 50 years, but he's the most unpopular global president around the world that america's ever had. and the point is the feeling towards the united states is material in the way that we can build alliances and get things done in the world. this president, let's go quick, megyn, right? we see the transitions in

democracy in the middle east, egypt voting yesterday, al-qaeda's on the run, right? there has been tremendous progress made in basic, some of the most daunting challenges that we face in the world today. i'm proud of my president. i think it was a very patriotic speech. megyn: you speak to that, marc, those comments. around the world the united states is leading once more and that there is a new confidence in our leadership. >> i think that's absurd. i mean, look, president obama continued bush's counterterrorism policies, and that's why we're doing well on al-qaeda. all the drone strikes, all the tools he's using -- megyn: he got bin laden. >> we led an international be coalition in iraq and afghanistan. we had more progress with nato. we just had a nato summit, not one thing on expansion of nato, so bush did more to build the alliance. think about this, megyn. imagine if four years from now president romney gave the same kind of commencement address at the air force academy. he could do it. he could stand up there and say

when i came into office, i inherited defense cuts that were putting us on the path to no longer being a superpower. iran made more progress toward a nuclear weapon than it had in the past 30 years. we put our global leadership at ricks because the president before me racked up more debt -- >> megyn: yeah, he could -- >> he's a classy guy, he wouldn't do it. megyn: what about it, simon? should the president keep their remarks less partisan-tone-sounding, less self-congratulatory when he's speaking to air force cadets? >> megyn, i read the speech, and i think this is -- look, i really have a lot of respect for marc, i think this is kind of silly. if you go and read the speech, and i encourage all your viewers to do it, it's a very patriotic speech that talks a lot about the role of the military in creating -- megyn: that's not the controversial part. >> i don't think there's anything controversial about the speech, and i don't think there's anything political. the truth is that things happened in the last administration that have had

material impact on our standing in the world. the president didn't agree with these strategies, reversed them, and things have gotten better. this is just what presidents do. they explain what they've done in office and what they plan to do next. i mean, it's like what's he supposed to do, not talk about what he's done for the last four years? megyn: do you feel uncomfortable at all with there's a new confidence in our leadership, says the leader of the free world? >> i think that's manifestly true and a fact. and so i'm totally comfortable with it because i think it's true. [laughter] just to build on what marc said -- megyn: i can't let you build, they're giving me the hard wrap. thank you both so much. >> thank you. megyn: we'll do it all over next week with the center-left simon and marc thiessen. well, the man who helped bring osama bin laden to justice convicted of high treason in pakistan, and apparently there's nothing our government can do about it. just ahead, how did this happen,

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our teams have the information you want when you need it. it's anothereason more investors are saying... [ all ] i'm with scottrade. >> i was struck by how little respect some of the justices showed to congress, how dismissive they were of the months of work we had hearings, dozens of hearings where the committee actions, or the debate of amendments and motions and point of order on the senate and house floor before the measure was enacted. how that was almost summarily dismissed by some. megyn: new fallout today from those remarks and many ores that were made -- others that were made on the senate floor by the democratic senate judiciary chairman, pat leahy. that's the committee in the u.s. senate that confirms supreme court justices. senator leahy taking to the senate floor just days before a

possible supreme court ruling on the president's health care law. the senator giving a speech that sounded a whole lot like a warning shot across the bow of chief justice john roberts, warning of judicial activism if this court rules against the president's signature legislative achievement. the warning comes just one month after president obama said an adverse ruling on the health care law would be, quote, judicial activism, remarks he then came under criticism for. joining me now, alberto gonzales, the former u.s. attorney general under president george west des w. bush, formerl to george bush. general, thank you so much for being here, and you are also on the texas supreme court, so you know what it's like to be a judge in the highest court in a state not completely unlike being a judge in the highest court of the land. you tell me, was senator leahy offering a warning, in your view, to chief justice john roberts and the others who might rule against the president's health care law? >> well, i think he was.

you know, and i think it's important to understand that for someone who has lifetime tenure like the chief justice, i'm not sure how much attention he's going to pay to someone like president obama who may be out of a job in a few months. you know, i think judges generally, they are concerned about their legacy, some more than others, but the best way to protect your legacy is simply to do your job as a justice, to apply the law. and i have every confidence that someone like chief justice roberts is going to do that. you know, i interviewed and recommended chief justice roberts to president bush, so i feel like i have a pretty good idea about the way he's going to approach these kinds of cases. and i have every confidence that he's going to apply the law. it is true that in certain instances the congress does pass a law, signed into law by the president that is unconstitutional. and it's not unprecedented for the courts to strike down such acts. and so if that's what the court decides here, then the court will decide accordingly.

megyn: do you think that it was appropriate, what senator leahy said in the way he set out the legal standard by which he thinks this court should be approaching this? in particular he said they are supposed to begin their inquiry by respecting the will of the people. >> well, i do believe as a justice i always began with the presumption that an act passed by the texas legislature, for example, is constitutional. and if i were sitting on the court, and i suspect some if not all the justices begin with the same assumption, that an act passed by congress is constitutional. but that isn't the end of the inquiry. that's the beginning of the inquiry. from there you look at the constitution, you look at the words of the statute, and you make a decision. you do your job as to whether or not the law passed by congress is consistent with the constitution. is the authority granted by that statute consistent with the constitution. i, quite frankly, i think some of the language here is a bit over the top. it's confrontational to the court. i think it may be counterproductive. i don't think it's going to have an influence on members of the

court. i'm very confident that they're going to do their job and apply the law as they see it. megyn: just based on having covered the high court for fox news and practicing law myself for nine years, i think you're right, the high court doesn't listen to politicians who are out there saying don't do this and do this. although it is the chairman of the senate judiciary committee. he is this a position to influence a lot of people, a lot of americans who are trying to pay attention to this debate and wondering now whether he is right that, and i quote: this case should not become an instance in which a conservative activist majority on the supreme court intervenes by way of another 5-4 decision driven by ideology to rewrite the law. i mean, it seems like he is undermining a possible decision against obamacare before it's even handed down. >> well, i do believe, i do agree with you that it is wrong

for any member of congress, much less the chairman of the judiciary committee, to call into question the integrity, the motives of the court before the decision is even rendered. let's wait for the judges to do their job, and then -- then i think it is appropriate to analyze, to critique, to criticize the decision -- megyn: we're used to that, right? we're used to that. >> that's, that's -- megyn: they get criticized all the time. but it is usually after they've told us how they're going to rule. >> no question about it. and, again, and i think even after the fact i think it's appropriate to say, you know, we respectfully disagree with the decision of the court, but we're going to follow that decision because that is the role of the court, that's the way our system of checks and balances works. so, again, i do question the propriety of calling into question the motivation of the court before it even renders -- megyn: i want to ask you about that, though, because when you get an adverse ruling as both sides do, i have a feeling

senator leahy wouldn't be upset if it went 5-4 his way. but what obligation do our politicians on both sides of the aisle have to be respectful of the u.s. supreme court even if they disagree with it? i mean, these justices, they can't fight back. they can't -- they don't go on cable news, they don't speak out and offer more analysis about their rulings. the ruling is what it is, and then they sort of have to sit back and take it. so what obligation is there as a senator, as a politician to sort of keep your powder dry? >> well, i've already touched upon this, megyn. you know, i think it's inappropriate to call into question the motives of the court even before it renders a decision, to perhaps suggest that the court is motivated by political ideology. i don't believe that is appropriate. listen, senator leahy had an opportunity to question chief justice roberts. that's the role of the judiciary committee, to evaluate how an individual is going to make a

decision once they go on the court. and the decision's been made by the u.s. senate, persons like chief justice roberts is qualified to serve on the court. and clearly, over a period of time, people are going to favor some decisions, people are not going to like some decisions, but as long as the justices are doing their job and ruling in a way that's consistent and defendable in terms of what the constitution requires, then i think that we have to accept those decisions. megyn: before i let you go, and i have to ask you for a quick answer on this, if you can, some on the right are saying they are concerned that chief justice roberts is not going to go along with the way this case comes out, they believe he might go with the liberals in a possible decision to uphold the law. as you say having been the man to recommend him for the high court to president bush, what is your, what is your anecdotal thought on it? >> this is a very hard decision. i almost laugh when i hear pundits say, you know, it's going to go this way, it's going to go that way, it's a fairly

easy decision. i think this is a very difficult decision. difficult with respect to jurisdiction, with respect to whether or not the congress has the authority to hear, difficult with respect to if congress doesn't have the authority, can it be severed? i think chief justice roberts is going to find a way to decide this case on the most narrow grounds possible, but beyond that, you know, i'm like you. it's just hard to predict where the court's going to come out. megyn: i'm going to let you off the hook on that one although i don't know if you handicapped it that well. narrow decision, that doesn't tell us much. general, thank you, sir. >> thank you. megyn: typical lawyer! we always like to hedge our bets. but we should know soon how that bet will come out, whatever way you think it's going to go because the high court's going to come out with its decision in june. well, international negotiations on iran's nuclear program wrapped up today in baghdad and ended this time with iran threatening to walk out entirely. so how do you think the u.s. is handling that? the answer coming up. plus, the sky dive from a half mile up without a parachute

right after this break. ♪

megyn: a new brand of daredevil taking a landmark plunge from almost a half mile high in the sky. gary connery intentionally jumped from a perfectly good helicopter without a parachute, and you won't believe how he landed. trace gallagher tell us. trace? >> reporter: no parachute, no problem. he's a stuntman, by the way, in the u.k. he's been in films, he's done over a thousand sky dives and base jumps in his career but nothing like this one.

helicopter takes him up to 2500 feet in that special bird suit. he jumps out, he flies for about 25 seconds. says he actually studied this in switzerland, jumping out of planes, he studied the kite bird. oh, what happened? there he is. studied the kite bird 25 seconds ahead as he lands, he lands in 18,000 boxes. [cheers and applause] how cool is that? what was it like? here's gary. >> absolutely amazing. i'm overwhelmed with the whole crew. i mean, look at the sides of that rig that people have put -- size of that rig that people have put together for me. i'm so choke with the the turnout. it's been an amazing experience and, you know, it was so comfortable, so soft. my calculations have, obviously, worked out, and i'm glad they did. >> reporter: he had a celeb story glass of campaign as -- champagne as well. you see him take some turbulence

right there. it was a little rough, but his big goal was to make sure he hit the dock boxes. let's show him hitting the boxes going about 85 miles an hour. here he only comes, the bird man, no parachute. 18,000 boxes. [laughter] megyn: wow. >> i've got about that many wine boxes at my house, maybe i'll -- he said it was soft. megyn: he is a lover of life. he should enjoy it while it lasts. [cheers and applause] >> reporter: yeah. megyn: in his case, maybe very abbreviated. >> reporter: yeah. megyn: thanks, trace. >> reporter: you bet. megyn: up next, president obama making new remarks on gay marriage that might signal a presidential push, some are speculating, for a national federal marriage law in the his second term. that would be a big reversal for him, but we'll tell you why people are now wondering about it. plus, hollywood heavyweight sharon stone accused of treating her maid like a slave and creating conditions similar to a sweat shop. kelly's court examines the evidence which has been laid out in great detail.

and police on alert after a child's toy is turned into a deadly weapon. how on earth? now we're seeing new video of how easily criminals are converting water guns into real ones. >> 12-gauge. >> okay, hurry up, we're running out of time. >> yeah, yeah, yeah, i like shooting stuff. a party?

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twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge! megyn: fox news alert. breaking news. moment ago the senate voted to cut $33 million in aid to pakistan in direct response to that country sentencing to 33 years the doctor who was critical in finding usama bin laden. welcome to a new hour of "america live." i'm megyn kelly. there is a growing international controversy over the jailing of this doctor and how this further complicates relations between the united states and our so-called ally pakistan. this is the man who helped the cia confirm that bin land was

holed up in a pakistan compound. he was sentenced to spend the rest of his life in treason for that behavior. his sentencing by a pakistani court in which he had no attorney and no right to cross-examine. all from a country hat gets billions in aid from the united states. the obama administration revealed the doctor's identity and dropped the ball with it kept to keeping him out of harm's way. >> reporter: a senior administration officials telling fox it was the pakistanis who leaked the doctor's name to the press. but the top gop lawmaker congressman peter king says the administration has handled the doctor poorly since the raid that got bin laden. king says the administration put him out there.

he was arrested by the pan stane intelligence service three days after the raid that got bin laden. his name first surfaced in british media reports. then this name was first publicly confirmed by defense secretary leon panetta in an interview this past january after he had been charged. the state department said he never should have been brought up on these treason charges and is pushing the pakistanis to release them. a spokesman had this to say when asked why the u.s. didn't do more to protect the doctor. >> i think we said that we don't see any basis for what's happened here, and so we'll continue to make those representations to the government of pakistan. >> reporter: to follow up.

the senate appropriations committee is make its feelings known, cutting $33 million today in aid to pakistan. $1 million per year of the doctor's sentence. it was an amendment brought up by lindsay gram and passed unanimously in a 30-0 vote. megyn: we are taking a fair and balanced debate on this issue. we'll be joined by the senior fellow with the american progress and ambassador john bolton, a former ambassador to the u.n. and a fox news contributor. they will debate what role if any we had and should have when it comes to securing this man's freedom who was so integral to our capturing and killing of usama bin laden. the international talks over iran's nuclear program ended in baghdad with little to no progress. iran blasting the assembled world powers saying the west is

creating a difficult atmosphere. critics say the regime is stalling for time so it can develop a nuclear weapon and head off a military strike before it's too late. k.t. macfarland is a fox news analyst. the comment now coming of reuters is iran's nuclear negotiator says the non-proliferation treaty allows them to enrich you uranium when they were asked about the possibility of giving up 20% of enrichment. they say we are allowed to. >> they are not allowed to and what they are doing is playing for time. they know the minute they become a nuclear weapons state everything changes. they become the dominant power in the middle east. they become the dominant country that 80s on the strait of hormuz. they would be the country that

controls the strait of hormuz. nobody would mess with them. they know they are so close to getting it there is very little to stop them. we have sanctions and they hurt and bite but they don't convince the iranian leadership and the mullah's that it's worth giving up their nuclear program. i think the iranian regime has to understand it's their necks or their noose and if not their necks they will keep going until they have nukes. megyn: what needs to be done to get iran to dismantle this program. center few american diplomats believe it's for peaceful purposes. what they say we need is crippling sanctions. get them from every way we can economically from the banks, money from their diplomats, no oil purchases. and leaning on our allies. fire all guns.

what's happening now -- what happened today and yesterday in baghdad is iran went in there and demand greater sanctions relief. we offered a little if they would concede. and they said, that not acceptable and not only that we want greater sanctions relief and now we agreed to talk about it on june 18 and 19 in moscow. so what do you think israel is thinking as they look at us talking with them about this. >> you hit the important question. it's what is israel think? if israel concludes there is nothing that's going to stop iran's nuclear program israel said time and time again, iran as a nuclear weapons state is a threat to israel. the israelis think if iran gets nuclear weapons, they don't exist anymore. because netanyahu has been able to get a coalition government. he command an enormous not only popularity among the israeli

people. but he commands a large part of the electorate. he has a lot more maneuverability and flexibility to do what he thinks is right. the problem with the iranians and what they are trying to do. they are playing us like cat and mouse. they are trying to delay, have more negotiations next month. and we are doing it. we are saying maybe next time it will work. they made their decision that they are going for nuclear weapons. and sanctions that hurt. they may be difficult, but the iranian regime has to conclude it's worth having those sanctions. it's worth that pain. megyn: how long do we let this go on. the reports that israel would get ready to bomb iran's nuclear facility in the string. here we are about to go into june. the p5 plus 6 world powers plus iran. this is the second round of talks. now we are having more talks at the end of june. now we are into the summer. in no could you it will probably lead to the same thing.

and at what point does israel say we are done? >> the iranians have watched how we handled north korea, we had negotiations then carrot and stick, then all of a sudden north korea says bingo we have nuclear weapons. i think the iranians are going that same direction. what can we do to change that? i think there is on one thing to do, bomb iran or let iran get the bomb and there is a middle choice. impose such crippling sanctions that the iranian economy collapses, not six months from now, but six weeks from now. we so isolate at iranian economy, 80% of their income comes from oil sales if we impose all sanctions tomorrow, tomorrow at noon, they are so crippling that the iranian regime faces two things. either collapse within or the iranian people go back into the streets as they did in 2007 and twine, rather.

and they demands a change of regime. the arab spring would come back to iran. megyn: k.t., thank you. this latest round of meetings is just the latest in a recent series is a mentioned. let's go back further to 2006. there have been five previous rounds of negotiations between iran and world powers. no less than five proposals have been offered to iran to end its nuclear program. the u.n. security council has adopted 6 resolution. the most recent of which was in june of 2010. voting in wisconsin could cast a shadow across the 2012 presidential race. the voting for republican scott walker is len than six weeks away but early voting has already begun. rolling out the final chapter.

which side is most likely to get the endorsement from the voters. mike tobin back in milwaukee, wisconsin, with an update. hey, mike. >> reporter: we went to a polling place in milwaukee and the voters were spilling out the door onto the front steps and this is just early voting. 90,000 absentee ballots have been requested and sent out. that gives an indication how passionate the voters in wisconsin are. it gives you an indication how much they have been emphasizing the get out the vote effort. there has been grumbling that democrats have not been investing enough to unseat governor walker. they pulled a $100,000 ad prompting wisconsin republicans to say democrats are cutting their losses. >> when your supportsers are

pulling their advertising * off the air six weeks before the election clearly tom barrett is in trouble. >> reporter: . he counters that. if walker wins, that will be a strong indicator that president obama is vulnerable in wisconsin come november. now without referencing the recall, axlerod says he's confident the president will do just fine in wisconsin. megyn: some from the harvard class of 1962 are heading back to the campus for their 50-year reunion. but not ted kaczynski. but still the president could not prevent this convicted murderer from giving an update to the newsletter. you know how he loves to write.

did president obama just signal he could go even further when it comes to his support for same-sex marriage if he's reelected. we'll have a debate over whether the president could be setting the stage to push for a national law that would protect same-sex marriage. that's after the break. >> i held some bilateral talks with your leader, lady gaga. she was wearing 16-inch heels. a party?

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[ male announcer ] the security of a 2012 iihs top safety pick. the volkswagen passat. that's the power of german engineering. right now lease the 2012 passat for $209 a month. megyn: it's 2:15 in the east. firefighters successfully battling a raging fire on a nuclear:powered submarine at a maine shipyard. luckily the ship's reactor was not active at the time of the fire which took firefighters 12 hours to extinguish.

>> reporter: the fire spread to spaces within the submarine that were difficult to access. the heat and smoke made it challenging for firefighters to combat the blaze. megyn: 7 people suffered minor injuries. the cause of the fire is under investigation. >> we are not going back to the days when the u.s. -- when somebody could be kicked out of the military because of who you are and how love. we are not going there. [applause] we are moving forward to a country where everybody is treated with dignity and respect. that's where we are moving to megyn: president obama reiterating his support for same-sex marriage at a fundraiser in california yesterday. the campaign released a web ad

courting gay, lesbian and transgender supporters. it races the question' whether we should expect him to push for a national same-sex marriage law. david west is the host of the david webb show and former bill clinton pollster bernard whitman is here as well. there is question about whether the evolution will take another step once he's reelected if he's reelected. whether you support gay marriage or you don't support gay marriage. do you believe if he's reelected he will no longer say it many a state's rights issue and say it's a federal issue and back it as a full rights equality rights. >> i hope so it's about love, commitment and family. these are universal truths that i believe and the president believes can be endorsed by

every one regardless of political parties or ideology. i think the president's evolution on this mirrors the journeys of tens of million of americans. megyn: the american people want to know what they are going to get if they elect president obama versus mitt romney. he's being honest about his true feelings and is he likely to take it to the next major step? >> i don't think we know that. i'm delighted the president came out in favor of supporting marriage. fundamentally this is about american traditions of compassion and equality and limited government and individual rights. if the president gets reelected and i believe he will. if the administration puts together an amicus brief. megyn: the california case on gay marriage is going up to the supreme court. nell have to weigh in on whether

they support gay marriage or not. david, whether you want gay marriage to be legalized nationally. do the american people deserve to know where president obama stand on it? if he says now he does believe it's a state's right issue, does he owe it to the american public to stay with that position? >> that would depend on the political wind. bernard you used the words "limited government." this is a president who believes in an empirial presidency. in october 2004 he said i don't think marriage is a civil right. in 2010 he evolves. the curve that matters is fundraising versus can he get his base excited. independents don't care about it. and blue collar democrats who are also leaving the president. then the gay marriage issue

isn't as big but they are leaving him. he needs to get his base energized. they are 1.7% of the population, that's about 4 million people. megyn: the gay and lesbian community? but there are a lot of people who support gay and lesbian rights. >> what they are is money. when one in six bundlelers -- one in six bundlers stopped bundling money. one more term means one or two more supreme court appointments which means prop 8 that goes before the court and further with a liberal court -- >> six years ago 36% of the american public supported marriage. i don't think any of those people are supporting marriage and changing their position to raise money. this is a fundamental evolution.

the reason that the president came out in favor of marriage, it has to do -- megyn: gay marriage, just so our viewers know what you are talking about. megyn: our viewers don't know what you are talking about saying 36% of the american people supported marriage. >> the topic is marriage. it is one and the same. that's what this issue is about. that's why we have seen a dramatic increase in support for marriage. that's the fact that the montana has been willing to come out and say i struggle with it just as the american people struggle with it. s among hispanics it's even higher. megyn: it's higher than it was before the president came out. >> according to the "washington post" poll. >> let me give you a cultural insight into the black community. 80% voted against it in california.

2-1 they voted against tonight north carolina. that's a big black churches. this is about the real issue which is money and politics. and that's all it is to the president. megyn: thank you both so much. stay tuned. got to go. i took aspirin. i don't think aspirin's for body pain. aspirin is just old school. people have doubts about taking aspirin for pain. but they haven't experienced extra strength bayer advanced aspirin. in fact, in a recent survey, 92% of people who tried it said they would buy it again. what's different? it has micro-particles. enters the bloodstream fast and rushes relief to the site of pain. visit fastreliefchallenge.com today for a special trial offer.

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megyn: a potentially deadly discovery by local law enforcement is prompting police to issue a warning. a man in california arrested for converting a water gun like this one into a shot-gun-style weapon. apparently taking a super soaker and modifying it tshotgun shell. trace gallagher live in l.a.

trace? >> reporter: we did some research and found out you can take a steel pipe and turn it into a zip gun and shotgun in less than 30 seconds. take a look at the end of this demonstration. >> it's standard tubing right off the shelf. it comes the right size for it. that's a .12 gauge. go ahead. >> reporter: so the police in fresno had just been briefed about this kind of stuff. they see this guy walking down the street with a super soaker hang around his neck. they stopped him and sure enough inside there was no water. there was a steel pipe and a .20 gauge shotgun shell. >> he's out here with what would seem to the uneducated person to be a child's toy but now these

officers are confronted with a shotgun. >> reporter: the cost of converting the toy to a shotgun $30. but the dealers say it's a risky proposition. >> the fire's cartridge with the gun powder is an explosive. and the device has to be able to contain it pressure of that explosion. they are relying on maybe this will hold up. you would be putting a gun next to your head or are you putting a hand grenade next to your head. >> reporter: these zip guns or shotguns you make out of pipes are legal if you get the permit and if you get them approved. needless to say most guns made this way are not legal and they are not approved. megyn: there are some stuff questions for basic instinct

beauty sharon stone. an ugly lawsuit between the hollywood star and the former nanny who claims stone was running something akin to a sweat shop. the pakistani doctor who put his own freedom and family's safety at risk to help america catch a terrorist. now the man critical in getting bin laden was thrown in prison for what could be the rest of his life. did the u.s. drop the ball? why is our so-called ally pakistan punishing this man for helping us finds bin laden and what should be done here? we'll have a fair and balanced debate right after the break.

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megyn: back to the breaking news on our top story. roughly an hour ago the senate appropriations committee voted to cut $33 million in aid to pakistan after a pakistani judge hand down a 33-year sentence for the pakistani man who helped us find usama bin laden. he's a pakistani doctor who faked a vaccination campaign to get dna from a suspicious character who turned out the world's most wanted terrorist. the pakistani court charged him with treason and slammed him with what us effectively a life sentence. leaving questions about what the

united states could have done to keep him out of harm's way. joining us now former ambassador john bolton. and a senior fellow with american progress. thank you for being here. i think most americans will have a visceral reaction seeing this guy treated as a traitor by pakistan for helping us find bin laden. the question ambassador to you is what if anything should we have done to protect him? >> even more than that, you know, congress maine peter king has been charging that the doctor's identity has effectively been leaked by the obama administration and he's asked for an investigation of it. it's unfortunate, it has the ring of truth to it given the administration's willingness to disclose i think excessively details of that sensitive covert operation. but the united states has got to

be absolutely clear with the government of pakistan. this is completely unacceptable. not only because of the injustice done to this particular physician, but because of the risk it poses for the united states worldwide. we can't protect people who help us in clandestine operations we won't be able to find people who are willing to help us. megyn: the white house said pakistan leaked his identity. brian, let me ask you. how are we going to get people to help us finds other terrorists if we allow this sentence to stand in pakistan against this guy? >> we are not allowing the sentence to stand. right now we have a very aggressive diplomatic approach. megyn: let me jump in. i'm going to give you the floor. >> let me finish here. megyn: i want to let our viewers know the state department said we see no basis for these charges, quote, we'll continue to make representations.

>> you are selectively quoted what you just reported that the senate is cutting aid to pakistan. let me finish my statement. we have a very aggressive diplomatic effort to deal with this guy. he's a hero and the fact he was tried by pakistan is a travesty. pakistan continues to isolate itself. but we got bin laden. every day our military and our intelligence are a cry fietion and risking their lives to go after these militants. i think right now what we are seeing right now in this segment is criticizing diplomacy in action. we saw this in the case of the chinese dissident chen. and i have got to say we have to call a time out and politicizing of national security which is what we are seeing right now. we have government officials working on this issue every day. megyn: so far the reason we are criticizing diplomacy in action is so far it stinks.

ambassador? >> i don't think what this gentleman has said is war think response, frankly. i think the fact is that the administration has allowed this to happen and it will be held accountable for it. the example that it sets to people all around the world, people who provide us information, people who provide us tangible assistance are now extremely worried about our ability to protect them. i think part of this does go to the pattern of talking more than we should about covert operations. and that is something that really endangers future covert operations. the off ray towards themselves should tell you this. the clandestine service at cia. the special operations forces at our military. each time we reveal their cap it built, methods and source of information, it allows our adversaries to plan defensively

against what we might be able to done and undermines our security. >> i agree with that. but that's factually incorrect. no evidence that secret information was leaked here. megyn: let me get in then i'll give you the floor. let me set up the questions first. what happened was this guy got charged. we knew about that and our state department objected to it. hillary clinton objected to it. but everybody knew what would be the even conclusion because the guy was not afforded a chance to defend himself. we are not look at u.s. justice system. he was not allowed to even defend himself. now the question is even though we are quietly working behind the scenes to shorten his sentence or have it dismissed, how do we -- why should we believe we'll be any more successful in doing that than bringing the charges in the first place and the conviction from happening. >> we have to deal with the facts. every day there are intelligence and military operations.

today there was a drone strike in pakistan in the territory last decade was being ceded in deals with the pakistani government. today people are working hard to secure his release publicly and privately. i think it's a shame we are trying to divide our country while senior u.s. officials are working this issue very aggressively. politicizing these sorts of questions end up weakening the united states, especially when we have baseless charges that evidence was leaked and these narratives out here. allegations from congressman king and other things but no real facts here. i get it. ambassador bolton is in iowa and i get it's 2012 and election season. but we have to keep america safe. megyn: there is no reason to impugn his motives. we invited him on the program. >> you shouldn't impugn the motives of the state department

and the people defending this country every day. megyn: the charges have been put out there by congressman king. the white house denied it. >> you are amplifying the charge. megyn: we reported the white house's denial. now it's ambassador bolton's term. now i'll ask you what there is means about our ally pakistan saying quote this is decisive proof that pakistan seize itself as being at war with us. >> well, that is the conclusion to draw from the charges under which this doctor was tried. unfortunately while it certainly is aggravating to say the least and dangerous for american interests, i don't think at this point having a direct confrontation in public is necessarily the way to get this guy out of trouble. i think ultimately out of pakistan. the real risk here is that pakistan gets taken over by

radicals who get control of its arsenal of nuclear weapons. i said this before and i'll say it again. we have got to grit our teeth and put pressure man this case merciless pressure on the pakistani government. it may well be politically that the cut of appropriations helps our diplomacy in which case that's fine. but i wouldn't recommend it as a florida out strategy without further consideration. megyn: all right, guys. thank you both so much. we appreciate it. a fair and balanced debate. we are taking your thoughts on it. you can follow me on twitter at megyn kelly. sharon shown hit with a lawsuit. her former nanny accused of racial harassment and running her home like a sweat shop. are the claims true or is this another fortune hunt.

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megyn: "kelly's court" is back in session. on the docket, sharon stone hit with harsh accusations. she is accused of racial harassment, sweat shop conditions and wrongful termination by her former nanny. she claims stone insulted her heritage. she says stone told her not to speak to her three sons so they wouldn't speak like her. she criticized the nanny's church attendance and wouldn't let her read the bible in the house and required overtime pay to be returned to her. stone calls the case absurd. but does she have a case? david wolf and mark eiglarsh, join me now.

this woman comes forward after five years of employment. she got booted a year ago. how is she saying she was harassed? >> there are so many violations of the labor code in california it's hard to know where to begin. she was saying her accent was belittled and berated. she was told not to talk to stone's children so the children wouldn't have a filipino accent. i had nannies before and you know how hard they work. she had overtime pay which is by law in california required. when she demand the pay she got pay. then stone insisted she return the pay. that when she was fired. that's the retaliatory firing aspects of this lawsuit. that can engender punitive damages. a $10,000 penalty for each and every violation of the labor code. if there are witnesses. maybe she kept a diary. stone will take a soaking in

this one. megyn: really, mark? >> no. dave who i respect so much is dead wrong on this. the reality is i could sum this up in one question. if she truly was harassed to the extent that she must sue, that's her only recourse to restore her to how she was, to make her whole, the question is for years of abuse, why didn't she simply make like a bread truck and haul buns? because you know what? when you are a lasted and humiliate and the victim of abuse on the job. the remedy is not to leave the job, pack your bags and go away. the law provides employers and employees rights that provide remedies for this harassment and punitive damages. you can't say if bug you so much get out of my house.

>> stone allegedly tells her you cannot read that bible in this house. now she has got two options. one is to accept it, saying that is unacceptable to me. i'm out of here. instead she chose to stay. and by the way, she didn't walk away from this job. she was fired in 2011. she would still be working for her. megyn: stone's lawyers say this is an absurd lawsuit. she filed claims for alleged disability and workers' come and is looking for an opportunity to cash in. if she was told she couldn't read the bible, she is allowed to say that to her nanny. you can tell your nanny don't read while i'm paying you. >> reporter: the tip of this iceberg, i get that. megyn: where is the harassment. where is the harassment? >> i think the humiliation, it

went to a racial element. when you tell the nanny don't talk to my kids because i don't want them sound like you, that type of impermissible racial harassment is not allowed by california law. megyn: it's not a nice thing to say fit was said. but is it unlawful? i don't know. if this woman has broken english or didn't speak english correctly, is it okay for the mother to say you are not the one i want interacting with my children when it comes to their english. >> it's offensive assuming it's true it's egregious but it's not unlawful. if you are allowed to sue your employer for being abusive and not being nice, open up the floodgates to civil lawsuits. megyn: where does it cross the line, david? your english is proang and i don't want you to be the one doing all at interacting with the children, from that to

targeting her because of her ethnicity which would not be allowed? >> i think that what happened. how is a nanny not going to interact and talk to the children? i don't get that. megyn: she was the head nanny. maybe she just oversaw the other nannies. >> one other point. let's get this in front of a jury. you have a rich hollywood starlet who lives in beverly hills against a low wage earner nanny asking to be made whole again. this isn't going to look pretty in front after jury. that's the problem sharon stone has. >> here is what's not going to look pretty. she was hired in 2006. in 2008 she was promoted to head nanny? did she just become filipino? did she pick up that accent? with all of that alleged baggage stone promoted her and allowed her into the home.

>> the idea she is fired simply because she requested -- she is allowed to keep her overtime wages is outrageous. megyn: that's her allegations. but these celebrities are easy targets. when somebody's nanny starts making allegations it's even worse for these stars because the nanny did live in the home and they can say whatever they want to say. unfortunately there is a desire to want to believe bad things about celebrities whether they are true or not. we'll keep an open mind and see how this case plays out. thank you. coming up. he has won two olympic medals. but now this bobsledder says he's ready to gift up. all with homes of joining america's special forces. ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me!

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megyn: an acclaimed athlete giving up his first love to serve his country. he's retiring from the sport to pursue another passion. a full-time career in america's special forces. molly line is live in his hometown of schenectady, new york. >> reporter: this is one of those great stories about an olympic athlete, an elite athlete that competed at the highest levels changing his goal in life to serve in the military special forces. he's been bobsledding since he was 8 years old. his parents were involved in the sport. in 2009. in 010 he competed in the olympics and he's training with a different gold. the 2014 olympics are around the corner but he decided to retire

from the sport so he can join a military special forces unit if he can find one that will take him on. >> i'm hoping to serve as another soldier. i don't want to be anything special. i just want to be a normal guy serving with the soldiers on the left and right of me. >> reporter: he's already a sole dmert vermont national guard. after the winter games he deployed to afghanistan for five months. it was that experience that changed his life and led him on this path. >> john will be successful in whatever he puts his mind to. you know, it's not a guarantee that anybody makes it into the special forces. they are incredibly demanding, and competitive. but i wouldn't put anything past john. he's -- when it comes down to who has the strongest mind, i wouldn't bet against him.

>> reporter: the other thing is he's so humble. despite the fact that he's in prime physical condition. he says he has to earn it and he's trying to find a place for himself so he can continue to serve the country he loves. megyn: thank you so much. a cold case getting hot again. etan patz's disappearance prompted the movement to put children's phase on milk cartons. a party?

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